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A new Republican bill in Texas would make it a felony to be trans and fill out government or employment documents that reflect one's gender identity.
If you’re trans and out in the state, you could be jailed for filling out paperwork under this proposal.
A Texas bill introduced by Republican state Rep. Tom Oliverson would criminalize transgender people for identifying as anything other than their sex assigned at birth on official documents, effectively making it a felony to be out as a trans person in many public and professional settings.
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House Bill 3817, titled the “Gender Identity Fraud Act,” would make it a jailable state felony if a person “knowingly makes a false or misleading verbal or written statement” about their sex to a government agency or employer. Violators could face up to two years in jail and a $10,000 fine. If passed and signed by Texas Gov. Greg Abbott, the law would take effect on September 1.
The bill is among the most extreme anti-transgender measures introduced in the U.S.
Related: Donald Trump’s government declares that transgender and nonbinary people don’t exist
If passed, H.B. 3817 would make it illegal for transgender Texans to update their driver’s licenses, birth certificates, or employment records to reflect their gender identity. The bill does not include exceptions for those who have legally changed their documents, effectively stripping transgender people of legal recognition.
According to San Antonio NBC affiliate WOAI, Senate Bill 406, introduced by state Sen. Mayes Middleton of Galveston, would prevent transgender Texans from changing the sex listed on their birth certificates. That bill only allows modifications in cases of clerical errors or for intersex people.
H.B. 3817 aligns with national efforts to erase transgender rights through an onslaught of executive orders under President Donald Trump. On his second inauguration day, Trump signed an executive order titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The order mandates that all federal agencies recognize only biological sex—not gender identity—on official documents.
As a result, the U.S. State Department has stopped issuing passports with an “X” gender marker, forcing transgender and nonbinary people to carry documents that do not align with their lived identities. Multiple lawsuits have been filed challenging the order as unconstitutional.
